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How was the divorce finalized if I didn’t sign any papers?

Divorce is something you can’t deny when your spouse doesn’t want to remain married. Divorce is not like marriage. Marriage requires the agreement of both parties before it can be legally entered into in any state across the nation. Divorce only requires one person’s agreement. If your spouse decides you aren’t the person he or she wants to spend the rest of their life with, they can file for divorce even if you want to keep the marriage alive.

You’re not without options. The moment your spouse decides it’s time to end the marriage, he has the opportunity to file for divorce with the local Clerk of Courts. When he has filed the paperwork, the courthouse hires a process server to serve you with the papers. You can evade the process server and never get them. You can be away and your whereabouts are unknown to your spouse, or you can contest the divorce more than once and still end up divorced even if you don’t sign the papers. While your signature is needed, it’s not required to finalize a divorce. There are numerous ways your divorce is finalized without your signature.

You Weren’t Served

You can do all you want to evade a process server or ignore the paperwork, and you can still end up divorced. Your spouse has the right to ask the court to allow him to file a notice in the local newspaper if he cannot find you to serve you. The paper must carry the announcement, and he must wait a certain number of days before he can ask for the divorce to be finalized before you are finally divorced. If you do not respond to the notice in the paper, a judge will still grant you a divorce even if it’s not what you want. You can’t hide from one forever.

You Contested Too Much

You can argue as much as you want about the process but once your spouse decides he’s done with it, he can argue to end the marriage without your signature. If you refuse to sign the paperwork, you’re not forcing your spouse to stay married. A court will eventually look at the case and see that you haven’t a valid reason for dragging this out as long as you have, and they will grant the finalization of the divorce.

Hire an Attorney

There is nothing you can do to stop a divorce when it occurs. You are not going to stay married to someone who doesn’t want to be married to you. Not signing the papers only means you’re dragging it out too long, but a judge will end your marriage on your behalf at some point depending on the circumstances surrounding the divorce.

If you want to hire an attorney, do so. He or she will help you figure out your legal rights, what you’re entitled to, what you’re not entitled to, and how you can change the situation if you want to make it fair or change what’s been asked for by your spouse in the paperwork. An attorney can walk you through the process and help you when you’re overwhelmed. It’s a difficult time, but it’s one you cannot stop no matter how much you want to stay married.

Contact Our Firm for a Consultation

Spodek Law Group

34 Willis Ave, Mineola, NY 11501

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